Car Insurance terms and conditions No. AUTO 0613SW

Transcription

1 Car Insurance terms and conditions No. AUTO 0613SW Approved by Resolution of the Board of Swedbank P&C Insurance AS In force from 13 June 2013 This is a translation from Latvian. In the event of disputes the Latvian terms and conditions will be valid and primary. 1

2 Table of Contents 1. Definitions Validity and Procedure of Termination of Insurance Insured Item and Its Value Insured Risk Duties of the Insured and the Authorized User of the Insured Item Rights and Duties of the Insurer Estimation of Loss and Insurance Indemnity Payout Consequences of Incompliance with Duties Exceptions Exchange of Information between Parties Personal Data Processing Dispute Resolution Procedure

3 1. Definitions Policyholder means Swedbank AS, which has entered into an insurance contract with the Insurer. Insurer means Swedbank P&C Insurance AS, a company duly registered in the Commercial Register of the Republic of Estonia under registration No and having its registered office at Liivalaia 12, Tallinn, 15039, Estonia, as represented in the Republic of Latvia by Swedbank P&C Insurance AS Latvijas filiāle, a company duly registered in the Commercial Register of the Republic of Latvia under unified registration No Insured means the person who is the owner of the Insured Item and has a valid MTPL Insurance Standard Contract with the Insurer. If the owner of the Insured Item has granted lease of the Insured Item to other person, then the Insured is the leased item s registered keeper, as notified to the Road Traffic Safety Directorate (VAS Ceļu Satiksmes Drošības Direkcija) or the State Technical Supervision Agency (Valsts Tehniskās Uzraudzības Aģentūra), who has a valid MTPL Insurance Standard Contract. Insurance Certificate means a document containing information about the terms of the insurance contract. Insured Risk means a possible future event set out in the terms of the insurance contract and standing beyond the control of the Insured. Insured Event means an event related, through cause and effect, to the Insured Risk, the occurrence of which gives rise to Insurance Indemnity under the insurance contract. Sum Insured means the maximum amount which the Insurer can pay for an Insured Event. The Sum Insured is equivalent to the value of the Insured Item and does not decrease if Insurance Indemnity is paid out during the insurance period. Insurance Indemnity means a sum of money, which the Insurer pays out to the Insured, or the services, which the Insurer provides for the Insured in case of Insured Event. Authorized User of the Insured Item means the person who is not the owner of the Insured Item but uses the Insured Item in road traffic on the basis of a power of attorney, rent agreement or other legal arrangement. Insurance Territory means the geographic area specified in the Insurance Certificate and the Insurance Policy in which insurance is in force. Agreed Statement of Facts means approved standard form completed, at the location of the road traffic accident, by drivers of vehicles involved in the accident, thereby certifying, by their signatures, the circumstances, facts and sketch of the accident. MTPL Insurance Standard Contract means the insurance contract, as specified in the Insurance Certificate, entered into between the Insurer and the Insured for mandatory insurance of third-party liability of the owner or Authorized User of the Insured Item. MTPL Insurance Law the Law on Mandatory Insurance of Third-Party Liability of Owners of Motor Vehicles in force in the Republic of Latvia and secondary legislation issued on that basis, including, the binding methodological guidelines issued by the Latvian Motor Insurers Office. If the Insured Event occurs within the Insurance Territory in other country than Latvia, then the MTPL Insurance Law will be understood to mean that other country s legislation governing mandatory insurance of motor vehicle owners third party liability. Remote Banking Services means a credit institution s services like online banking, telephone banking and mobile banking through which the Insurer ensures the delivery of notifications and other insurance contract related information to the Insured and where the information prepared by the Insurer can be viewed, printed out and saved on other data media by the Insured using the relevant means of identification (username, password, code, etc.); in order to use the Remote Banking Services, the Insured must enter into a relevant agreement with the respective credit institution for use of such services. 3

4 2. Validity and Procedure of Termination of Insurance 2.1. Insurance for the Insured Item is valid from the date when the MTPL Insurance Standard Contract enters into force and will remain in force for as long as the MTPL Insurance Standard Contract continues in force If the MTPL Insurance Standard Contract is terminated before the expiration date or is not valid under the MTPL Insurance Law, then insurance of the Insured Item will be invalid as of the date from which the MTPL Insurance Standard Contract becomes null and void. 3. Insured Item and Its Value 3.1. The Insured Item is the mechanical land vehicle which participates, or is capable of participating, in road traffic and is subject to registration with the Road Traffic Safety Directorate or State Technical Supervision Agency and is stated on the Insurance Certificate, as well as any accessories installed on the insured vehicle at the time of Insured Event and any belongings inside the vehicle at the time of Insured Event The Sum Insured is equivalent to the market value of the Insured Item which is the amount of money necessary for acquiring an equivalent vehicle as a replacement of the Insured Item that, in terms of its functionality and uses, would be as similar as possible to the lost Insured Item and would belong to the same price category. 4. Insured Risk 4.1. The Insured Risk is a road traffic accident where all of the following conditions are met: the road traffic accident took place within the Insurance Territory; only vehicles registered in the European Economic Area member states were involved in the road traffic accident; the road traffic accident was caused by the driver of other vehicle or the responsibility for causing the accident is shared between the drivers of vehicles involved in the accident; the Insured Item has been damaged as a result of the road traffic accident; damage caused to the Insured Item as a result of the road traffic accident is subject to compensation according to the MTPL Insurance Law of the country where road traffic accident took place. 5. Duties of the Insured and the Authorized User of the Insured Item 5.1. The duties and liability set forth in the provisions of the insurance contract apply equally to both the Insured and the Authorized User of the Insured Item Duties of the Insured and the Authorized User of the Insured Item during the period of insurance of the Insured Item are: to notify the Insurer of any changes in the contract details of the Insured; to use the Insured Item for its intended purpose, with due care, without causing loss or danger to other persons, to comply with laws and regulations in force in the Republic of Latvia, including fire safety and technical maintenance rules set forth in laws and regulations, to comply with the duties of the Insured laid down in the provisions of the insurance contract, and not to increase the probability of occurrence of the Insured Risk through any act or failure to act; to cause each Authorized User of the Insured Item to comply with the duties laid down for the Insured in the provisions of the insurance contract Duties of the Insured and Authorized User of the Insured Item in case of occurrence of Insured Risk are: to immediately take the following steps and measures: call the police: if, in the traffic accident, people have been injured, third-party property has been damaged, or any vehicle has suffered a damage due to which driving the vehicle is prohibited by traffic laws; if more than two vehicles are involved in the road traffic accident or the drivers are unable to agree on all the material circumstances of the accident in the agreed statement of facts; 4

5 or fill out the agreed statement of facts: if, in the traffic accident, two vehicles are involved, no people have been injured, no third-party property has been damaged, and no vehicle has suffered any damage due to which driving the vehicle is prohibited by traffic laws call the fire service: in case of fire, explosion or possible pollution of the environment to notify the Insurer of occurrence of the Insured Risk without delay and as soon as possible by phone on ; to deliver the claim application in the required form to the Insurer without delay and as soon as possible; The claim application may be delivered in writing to the Insurer in person, by mail or electronically on Internet banking site using the provided claim application form (if such online form is provided by the Insurer); to provide the Insurer with documents requested by the Insurer in connection with occurrence of Insured Risk and losses thereby caused, including documents containing sensitive personal data and/or commercial secret, as well as information related to the Insured Risk about civil, administrative and criminal proceedings in the case; to provide the Insurer with complete and truthful information about the circumstances of occurrence of the Insured Risk, about the amount of loss, about the person responsible for causing damage and witnesses, as well as with other proof of entitlement to Insurance Indemnity; to preserve the damaged Insured Item in the condition, in which it was immediately after occurrence of the Insured Risk, until a person designated by the Insurer has inspected it. An exception is carrying out the actions set forth in clause of the Insurance Terms and Conditions to give the Insurer the opportunity to examine the Insured Item and carry out inspections for establishing and assessing loss; to take steps and actions necessary for preventing imminent loss and/or further loss, avoiding an increase in the amount of loss already sustained and/or where necessary in the interest of society; to preserve the damaged Insured Item, or any part or the remains thereof, and, where requested so by the Insurer, to transfer thereof into the Insurer s possession for the time of expert evaluation; not to commence restoration of the Insured Item or writing-off or deregistration of the Insured Item in the vehicle registry maintained by the State Traffic Safety Directorate or the State Technical Supervision Inspectorate without the Insurer s prior consent; prior to receiving the Insurance Indemnity and if so requested, to transfer to the Insurer the ownership of any parts of the Insured Item damaged in the Insured Event and replaced during repairs. 6. Rights and Duties of the Insurer 6.1. Should the Insurer change its legal name or registered office during validity of the insurance contract, the Insurer will notify thereof by publishing such information Upon receipt of claim application, the Insurer or its authorized representative may carry out expert assessment of the Insured Item in order to establish and assess the reasons and scope of damage Upon receipt of claim application and all necessary documents relating to occurrence of the Insured Risk, the Insurer will, according to the procedure laid down in the provisions of the insurance contract, decide on approval, reduction or denial of Insurance Indemnity and notify the Insured thereof, specifying the reason and basis for reduction or denial of Insurance Indemnity. 5

6 7. Estimation of Loss and Insurance Indemnity Payout 7.1. Loss arising in connection with damage to the Insured Item If the Insurer has decided to restore (repair) the Insured Item and restoration of the Insured Item is economically sound, then the amount of loss subject to indemnification by the Insurer under the terms of insurance contract is equivalent to the amount of money necessary for restoring the Insured Item to such a condition as to enable it to perform its earlier functions at the extent the Insured Item performed those functions before the Insured Event occurred. The amount of loss will be calculated in accordance with the MTPL Insurance Law If the Insured does not agree to restoration of the Insured Item, then the Insurance Indemnity will be paid out to the amount equivalent to the cost of restoration of the Insured Item calculated according to the MTPL Insurance Law (excl. value-added tax) Loss arising in connection with ruination of the Insured Item Ruination of the Insured Item means the condition of the Insured Item following an Insured Event when the Insurer, or experts engaged by the Insurer, have found that repairing is technically impossible or economically unsound. Restoration of the Insured Item is considered as economically unsound if the expected cost of repairing the Insured Item exceeds the amount calculated as difference between the value of the Insured Item before the Insured Event and the value of remains of the damaged Insured Item after the Insured Event. The value of the Insured Item before and after the Insured Event is calculated by the Insurer according to the MTPL Insurance Law The amount of loss in the event of ruination of the Insured Item which is subject to reimbursement by the Insurer is equivalent to the value of the Insured Item before the Insured Event as calculated according to the MTPL Insurance Law If the Insurer decides to treat the Insured Item as ruined and pays the Insurance Indemnity to the Insured, then the remains of the Insured Item will become the property of the Insurer. If the Insured, prior to receiving the Insurance Indemnity, notifies the Insurer that the Insured wishes to retain ownership of the remains of the Insured Item, then the Insurer will reduce the amount of loss by the value of the remains of the Insured Item or, if the Insurance Indemnity has already been paid out to the Insured, the Insured will have a duty to pay back the part of the received amount corresponding to the value of the remains of the Insured Item If the Insured disagrees to treating the Insured Item as ruined, then the Insurance Indemnity will be paid out to the amount equivalent to the value of the Insured Item before the Insured Event and after the Insured Event as calculated according to the MTPL Insurance Law Decision-Making and Insurance Indemnity Payout Upon becoming aware of occurrence of a potential Insured Event, the Insurer, or certified experts engaged by the Insurer, has the right to carry out expert assessment of the Insured Item in order to determine the reasons and amount of loss If loss in an Insured Event is caused by more than one person, thereby causing loss to each other, the Insurer will determine each driver s degree of responsibility according to the MTPL Insurance Law and will pay out Insurance Indemnity according to the degree of responsibility determined The Insurer will decide to pay out or deny the Insurance Indemnity within 5 (five) business days of receiving all the necessary documents. The Insurer may, for valid reasons, extend this period by a maximum of 6 (six) months of the day of receipt of application for payout of Insurance Indemnity Where performance of the Insurer s obligations, or scope of performance thereof, depends on circumstances which are ascertained in legal proceedings of criminal or administrative case or administrative rights offence case, the Insurer is entitled to decide on payout or denial of Insurance Indemnity after suspension or termination of legal proceedings, or coming into force of court s or relevant official s decision. 6

7 The decision to pay out or deny Insurance Indemnity will be notified by the Insurer to the Insured within 10 (ten) days of the date of decision The Insurance Indemnity may be paid out: to a service provider in the form of payment for services related to renovation of the damaged Insured Item or any part thereof; to the Insured in the form of cash payment of the Insurance Indemnity. In case of payment of Insurance Indemnity, the person entitled under the insurance contract to the Insurance Indemnity must notify the Insurer of the bank account number to which the Insurer is to transfer the Insurance Indemnity The Insurer must pay out Insurance Indemnity within 5 (five) business days of the date of decision to pay out the Insurance Indemnity unless the Insurer and the recipient of the Insurance Indemnity have agreed on other procedure for payout of Insurance Indemnity The Insurer may suspend payout of Insurance Indemnity until and unless the remains of the Insured Item, separate parts thereof, or ownership of the Insured Item are transferred to the Insurer. If the Insured or the Authorized User of Insured Item fails to comply with the said requirement within 10 (ten) days of receipt of a respective notice from the Insurer, the Insurer is entitled to reduce the payable Insurance Indemnity by the value of the remains of the Insured Item The Insured has a duty to return the received Insurance Indemnity, or a part thereof, to the Insurer if, following payout of the Indemnity, evidence is found to the effect that the paid Indemnity, or any part thereof, has been unfounded or unjustified If loss incurred by the Insured is reimbursed in full or in part under other insurance contract, the Insurer is entitled to reduce or deny the Insurance Indemnity accordingly After payout of Insurance Indemnity, the Insurer obtains the right to claim damage to the amount of paid Insurance Indemnity from the person responsible for causing the damage (i.e. the right of subrogation). Unless the Insured, in the Insurance Indemnity claim application and before payout of Insurance Indemnity, has advised the Insurer in writing of other procedure, then also in case the Insurance Indemnity paid out by the Insurer covers only a part of the expenses of the Insured, the Insurer may exercise its right of subrogation irrespective of whether or not the Insured exercises the right to take action against the person who caused the damage. The Insurer and the Insured may agree in writing on cooperation in recovery of damages from the person liable for the damages including on jointly bringing or maintaining action at court of law. 8. Consequences of Incompliance with Duties 8.1. The Insurer has the right to reduce or deny the Insurance Indemnity if the Insured or the Authorized User of the Insured Item performs any of the following acts: during insurance, deliberate supplying of untruthful information or withholding of information about any facts important for insurance that could have affected the origination or the amount of loss or the terms of insurance, including assessment of probability of insured risk; upon filing the claim application or upon notifying about loss, deliberate supplying of untruthful information about occurrence of the Insured Risk, about the circumstances of origination or the amount of loss, or withholding of material information about the Insured Risk, about the circumstances of origination or the amount of loss. 9. Exceptions It does not constitute an Insured Event and no Insurance Indemnity will be paid if: 9.1. the loss occurred through the fault of the Insured Item s driver or passengers, except cases of shared responsibility; 9.2. the loss was caused by an unidentified vehicle; 7

8 9.3. the loss was suffered by a third party due to force majeure circumstances or through that third party s intention or gross negligence; 9.4. the damage was caused to property which, at the time of the road traffic accident, was not in the Insured Item; 9.5. the loss connected with damage to the Insured Item, ruination or loss of the Insured Item has occurred after the Insured Event; 9.6. the loss occurred when the Insured Item was used in a race (practice or actual competition); 9.7. the damage was caused to a vehicle or trailer coupled or otherwise attached to the Insured Item; 9.8. the loss was caused or facilitated, directly or indirectly, by ionizing radiation, by radioactive poisoning caused by any nuclear fuel, or by radioactive, toxic, explosive or otherwise hazardous property of an explosive nuclear compound or of its nuclear component; 9.9. the loss arises from unearned profit resulting from the road traffic accident; the loss was caused by a rock or other object set into motion by the Insured Item or any device or mechanism attached to the Insured Item; the loss was caused to third-party property accepted for commercial transportation of cargo by the owner or authorized user of the vehicle, that caused loss in the road traffic accident; the loss occurred at an airfield in a road traffic accident where a vehicle and an aircraft was involved; after the road traffic accident, the driver of the Insured Item has failed to perform their statutory duties, such as reporting the road traffic accident to the police according to the statutory procedure or drawing up the agreed statement of facts regarding the road traffic accident, etc. 10. Exchange of Information between the Parties; Procedure of Offering Services The Insured is liable to the Insurer for the truthfulness, completeness, accuracy and timely provision of all the information and documents supplied or delivered to the Insurer, including any notices given The Insurer may require that any notification, which is to be given by the Insured to the Insured in connection with the insurance contract, be submitted in Latvian All and any notifications and applications to the Insurer related to the insurance contract shall be submitted by the Insured in such a form and in such a manner as to enable the Insurer to identify the person giving the notification or the application The Insurer will send its notification and information to the Insured by post to the latest address notified by the Policyholder. If the Insured changes their mailing address without notifying the Insurer thereof, all notices will be considered received on the 5 (fifth) day following delivery thereof to the post office If the Insured has notified the Insurer of their address and subscription number assigned by the mobile carrier, then the Insurer has the right to send its notices to the address and to send text messages (SMS) to the subscription number supplied by the Insured; and in this respect the Insured is aware that is not necessarily a secure way of exchanging information and undertakes not to raise any objections in respect of information (including Insured s data and other confidential information) being sent by . The Insurer has the right to send information and notices via Remote Banking Services Published notices are notices published on the Insurer s website, in informational materials issued by the Insurer (e.g. booklets) and in mass media. 11. Personal Data Processing The Insurer causes any personal data to be processed in compliance with requirements of laws and regulations. The Insurer is entitled to receive personal data and information from third parties where necessary for performance of obligations under the insurance contract The Parties to the insurance contract undertake not to disclose to third persons any information arising from the insurance contract, except in the cases stipulated in legislation and the insurance contract. The Insurer may make 8

9 the Insured s data and the insurance contract related information available to third parties to whom the Insurer has delegated, under a contract, the performance of certain functions or delivery of services which are necessary for the formation and performance of the insurance contract. In such events information about the Insured will be furnished to or received from third parties by the Insurer strictly on need-to-know basis The controller of the personal data processing system is Swedbank P&C Insurance AS, reg. No , registered office Liivalaia 12, Tallinn, Estonia; the personal data processor is Swedbank AS, reg. No , registered office Balasta dambis 1a, Riga, Latvia. 12. Dispute Resolution Procedure The Parties will be guided by legislation of the Republic of Latvia in the formation and performance of the insurance contract All matters and legal relations between the Parties not set forth and contemplated in the provisions of the insurance contract shall be resolved in accordance with applicable legislation in force in the Republic of Latvia If any provision of the insurance contract is held invalid or unenforceable due to it being at variance with applicable legislation, this will not constitute grounds to invalidate the entire insurance contract or other provisions of the insurance contract Headings in the Insurance Terms and Conditions are for ease of reference only and may not be used in construction (interpretation) of the provisions of the Insurance Terms and Conditions Unless defined or explained in these Terms and Conditions, the terminology used in the Insurance Terms and Conditions must be treated as elements of the legal system of the Republic of Latvia and construed according to its sources The Insured or the person entitled to the Insurance Indemnity have the right to request information relating such persons entitlement to Insurance Indemnity or duties to the Insurer, as well as to having the right to inspect the documents which substantiate the Insurer s decision to pay or refuse the Indemnity to such person. The Insurer will provide the person, who is entitled to the Insurance Indemnity, with the aforesaid information and will make the aforesaid documents available to them for inspection within 30 (thirty) days of receiving a written request by said person All matters not contemplated in the insurance contract, as well as any dispute, disagreement or claim arising out of the insurance contract, affecting the insurance contract, or the amendment, breach, termination, lawfulness, validity, or interpretation of the insurance contract will be resolved through negotiation In case no resolution is reached through negotiation, the dispute in question will be referred to a court of law in accordance with applicable legislation in force in the Republic of Latvia. 9

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